What are the fees for evaluation of documentation for contractor selection in 2024 in Vietnam? When shall the contractor selection result in Vietnam be refused to recognize?

What are the fees for evaluation of documentation for contractor selection in 2024 in Vietnam?

Pursuant to Clause 5 Article 12 of the Decree 24/2024/ND-CP stipulating fees associated with contractor selection:

Fees associated with contractor selection

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5. Fees for evaluation of documentation:

a) The fee for evaluating an EOI request or prequalification application is 0.1% of the fixed budget, capped at a minimum of 2,000,000 VND and a maximum of 30,000,000 VND;

b) The fee for evaluating a bid or proposal is 0.2% of the fixed budget, capped at a minimum of 3,000,000 VND and a maximum of 60,000,000 VND;

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As regulated above, the fees for evaluation of documentation for contractor selection in 2024 in Vietnam are as follows:

- The fee for evaluating an EOI request or prequalification application is 0.1% of the fixed budget, capped at a minimum of 2,000,000 VND and a maximum of 30,000,000 VND;

- The fee for evaluating a bid or proposal is 0.2% of the fixed budget, capped at a minimum of 3,000,000 VND and a maximum of 60,000,000 VND.

What are the fees for evaluation of documentation for contractor selection in 2024 in Vietnam? When shall the contractor selection result in Vietnam be refused to recognize? - image from internet

When shall the contractor selection result in Vietnam be refused to recognize?

Pursuant to Article 18 of the Law on Bidding in 2023 stipulating bid suspension, refutation of contractor/investor selection result:

Bid suspension, refutation of contractor/investor selection result

1. If there is evidence that an organization or individual participating in the bidding commits any of the prohibited acts in Article 16 of this Law or violations against relevant laws which adversely affect the achievement of competitiveness, fairness, transparency, and economic efficiency or falsify the contractor/investor selection result, the competent person shall adopt one or some of the following measures:

a) Suspend the bidding process in order to suspend all contractor/investor selection activities and take remedial actions against violations immediately. Bid suspension shall be made during the contractor/investor selection and before the contractor/investor selection result is approved;

b) Refuse to recognize the contractor/investor selection result during the contractor/investor selection and the contract execution;

c) Impose penalties for violations as prescribed in Article 87 of this Law.

As regulated above, the contractor selection result in Vietnam shall be refused to recognize in following cases: 

- There is evidence that an organization or individual participating in the bidding commits any of the prohibited acts in Article 16 of the Law on Bidding in 2023

- There are violations against relevant laws which adversely affect the achievement of competitiveness, fairness, transparency, and economic efficiency or falsify the contractor/investor selection result

Who shall bear responsibility to publish information on contractor selection in Vietnam?

Pursuant to Clause 1 Article 8 of the Law on Bidding in 2023 stipulating provision and publishing of bidding information:

Provision and publishing of bidding information

1. Responsibility to publish information on contractor selection:

a) The employer shall publish the information specified in Points a, g, h, i and k Clause 1 Article 7 of this Law;

b) The procuring entity shall publish the information specified in Points b, c, d and dd Clause 1 Article 7 of this Law; In case of international bidding, the procuring entity shall publish the information specified in Points b, c and d Clause 1 Article 7 of this Law in both Vietnamese and English; the information specified in Point dd Clause 1 Article 7 of this Law may be published in either English or both Vietnamese and English;

c) The contractor shall update and publish information on their capacity and experience on the contractor database, including the information specified in Point k Clause 1 Article 7 of this Law.

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As regulated above, the employer shall publish the information on contractor selection in following cases:

- The employer shall publish the information specified in Points a, g, h, i and k Clause 1 Article 7 of the Law on Bidding in 2023, including:

+ Information on the contractor selection plan or project;

+ Contractor selection result;

+ Main contents of the contract;

+ Actions against violations of the bidding law;

+ Information on the contractor’s performance;

- The procuring entity shall publish the information specified in Points b, c, d and dd Clause 1 Article 7 of the Law on Bidding in 2023, including:

+ Invitation for EOIs or invitation for prequalification applications;

+ Invitation for bid;

+ Shortlist;

+ EOI request, prequalification document, bidding documents, and any addenda or responses to requests for clarification thereof;

In case of international bidding, the procuring entity shall publish the information specified in Points b, c and d Clause 1 Article 7 of this Law in both Vietnamese and English;

The information specified in EOI request, prequalification document, bidding documents, and any addenda or responses to requests for clarification thereof may be published in either English or both Vietnamese and English;

- The contractor shall update and publish information on their capacity and experience on the contractor database, including information on the contractor’s performance.

Best regards!